Does a testator have a moral obligation to ensure that the surviving spouse of a deceased testator's estate is not dependent upon another spouse who contributed substantially to his estate?
British Columbia, Canada
The following excerpt is from Saugestad v. Saugestad, 2006 BCSC 1839 (CanLII):
Thus, a portion of the moral obligation owed by a testator may be to allow the surviving spouse a degree of independence to determine how assets will be used, and not to be dependent upon another to determine what share of the asset she is entitled to encroach upon. With respect to second marriages, the principle of independence may be less important where it was the first wife who contributed substantially to the amassing of the testator’s estate: see Chan v. Lee Estate (2002), 47 E.T.R. (2d) 163, 2002 BCSC 678 at para. 200, varied (2004), 36 B.C.L.R. (4th) 37, 2004 BCCA 644.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for moral claims in a second marriage where the deceased and surviving spouse are married and the surviving spouse has adult children from their first marriage? (British Columbia, Canada)
What is the testator’s moral obligation to make provision for his dependent spouse after he dies? (British Columbia, Canada)
What is the testator's "moral duty" to meet the needs of the surviving spouse and their children? (British Columbia, Canada)
Can a spouse, parent or child of a deceased victim sue the tortfeasor for damages sustained by the spouse, parents or children of the deceased victim? (British Columbia, Canada)
What is the testator's obligation to provide for the biological child of a deceased testator? (British Columbia, Canada)
What is the test for meeting the legal obligations of a deceased person's moral obligations? (British Columbia, Canada)
What is the test for a testator spouse to be found to have breached their moral duty to the testor spouse? (British Columbia, Canada)
What is the testator's obligation to make provision for the dependent spouse after his death? (British Columbia, Canada)
In what circumstances will one spouse receive 20% of the value of a family asset when the other spouse has contributed little or nothing to the acquisition of the property? (British Columbia, Canada)
What is the testator's obligation to provide an equitable share of his estate to his estranged wife? (British Columbia, Canada)
